National Environmental Policy Act NEPA

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National Environmental Policy Act (NEPA) Tribal
Involvement
Alaska Forum on the Environment Egan
Center Anchorage, Alaska February 2008
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What is NEPA?

• Signed into Law on January 1, 1970
• Established our national policy for environmental
  responsibility-Section 101
• Created an systematic, interdisciplinary
  framework for federal planning and
  decision-making-Section 102(2)(A)
• Established procedures to require federal
  agencies to consider environmental
  factors-Section 102(2)(B)
• Introduced the Environmental Impact Statement
  (EIS) as a public policy tool-Section 102(2)(C)
• Established the Council of Environmental Quality
  (CEQ)- Section 202

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NEPA Section 101Congressional Declaration of
National Environmental Policy

• Fulfill the responsibilities of each generation
  as trustee of the environment for succeeding
  generations
• Assure for all Americans safe, healthful,
  productive, and aesthetically and culturally
  pleasing surroundings
• Attain the widest range of beneficial uses of the
  environment without degradation, risk to health
  or safety, or other undesirable and unintended
  consequences
• Preserve important historic, cultural, and
  national aspects of our national heritage, and
  maintain, wherever possible, an environment which
  supports diversity, and variety of individual
  choice
• Achieve a balance between population and resource
  use which will permit high standards of living
  and a wide sharing of lifes amenities and
• Enhance the quality of renewable resources and
  approach the maximum attainable recycling of
  depletable resources.

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NEPA Section 102Requirement to Prepare an EIS

• All agencies of the federal government shall
  include in every recommendation or report on
  proposals for legislation and other major federal
  actions significantly affecting the quality of
  the human environment, a detailed statement by
  the responsible official on
• The environmental impact of the proposed action
• Any adverse environmental effects which cannot be
  avoided should the proposal be implemented
• Alternatives to the proposed action
• The relationship between local short-term uses of
  mans environment and the maintenance and
  enhancement of long-term productivity and
• Any irreversible and irretrievable commitments of
  resources which would be involved in the proposed
  action should it be implemented.

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Twin Aims of NEPA
Agencies have the obligation to consider every
significant aspect of the environmental impacts
of the proposed action.
Agencies will inform the public that
environmental concerns have been considered in
the decision making process.
Consider
Inform
DECISION
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Hierarchy of NEPA Requirements
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What Triggers NEPA?

• Federal Actions
• Proposals for legislation
• Issuance of a Federal permit, lease or license
• Projects on Federal land or affecting facilities
  or resources
• Newly authorized, funded projects

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Levels of NEPA Documentation

• Categorical Exclusion (Cat X, CE)
• Environmental Assessment (EA)/Finding of No
  Significant Impact (FONSI)
• Environmental Impact Statement (EIS)/Record of
  Decision (ROD)

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Determining the Appropriate Level of NEPA
Documentation
Proposed Action
Categorical Exclusion
YES
Is action eligible for exclusion under NEPA?
NO
NO
Will the Proposed Action result in significant
effects?
EA
YES
YES
Impacts significant?
EIS
Finding of No Significant Impact (FONSI)
Notice of Intent
Scoping
Public Review of FONSI
YES
Draft EIS
Impact Significant?
NO
Final EIS
EA/FONSI
Record of Decision
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Steps in the EIS Preparation Process

• Proposal by Federal Agency or external applicant
• Notice of Intent (NOI) Scoping Process
• Scoping Summary Report
• DEIS Notice of Availability (NOA) Public
  Comment Period
• FEIS NOA Wait Period
• Record of Decision (ROD)

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Integration of NEPA Other Requirements

• Clean Water Act (CWA)
• Clean Air Act (CAA)
• Endangered Species Act (ESA)
• National Historic Preservation Act (NHPA)
• Magnuson-Stevens Fisheries Management Act
• Marine Mammal Protection Act
• Executive Orders (e.g., Tribes, EJ, Wetlands,
  Floodplains)
• Coastal Zone Management Act
• State Laws and Authorizations
• Local Plans and Ordinances

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Parallel Processes
EIS Process
Federal Process
State Process
Local Process
SHPO National Historic Preservation Act 106
Consultation
EPA NPDES
Borough Plan
Notice of Intent
Corps Wetlands
City Plan
Scoping
ADNR Fish Habitat Reclamation Plan Consistency
Determination
E.O. 13175 Tribal Consultation
Tribal Village Plan
Draft EIS
USFWS/NMFS Endangered Species Act Consultation
ADEC Waste Management Air Quality Monitoring
Plan 401 Certification Contaminated Sites
Final EIS
NMFS Magnuson-Stevens Fisheries Management Act
EFH Assessment
State Permit, Certification, Approval
Federal Permit, Certification, Approval
Local Consistency
Record of Decision
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How Tribes Can Get Involved?

• Request Government-to-Government consultation and
  coordination
• Request to be a Cooperating Agency
• Request training educational opportunities
• Provide Traditional Ecological Knowledge (TEK)
• Participate in the Scoping Process
• Participate in public hearings meetings
• Take agencies/project proponent on a site visit
• Maintain early frequent contact with the Lead
  Agency/project proponent

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Government-to-Government Consultation and
Coordination

• Request a copy of the Lead Agencys Tribal
  Consultation Policy/Strategy
• Request a copy of the Lead Agencys NEPA
  regulations
• President/Council designate an official
  representative and alternative for the Tribal
  Government
• Establish mutual understanding of Consultation
• Identify Communication methods for effective
  Consultation
• Establish a timeline/schedule for Consultation
• Establish a Tribal Consultation Plan (Pogo and
  Alpine examples)

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Request to be a Cooperating Agency

• Criteria for Cooperating Agency under NEPA
• Jurisdiction by law
• Special Expertise
• Unique Source of Information
• Understand the implications of Cooperating Agency
• Resources to participate effectively
• Clarify the roles responsibilities -
  Cooperating and Lead
• Level of Involvement Formal vs. Informal
• Establish a formal MOU with the Lead Agency

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Levels of NEPA Involvement
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Request Training Educational Opportunities

• Request technical training
• Request a site visit of a similar facility

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Provide Traditional Ecological Knowledge (TEK)

• Provide TEK for the NEPA analysis
• TEK could be used to develop Alternatives, and
  evaluate environmental effects and mitigation
• Describe subsistence harvest practices,
  subsistence resources, subsistence areas
• Describe observations of the environment,
  climate, habitat, migratory patterns, etc.
• Sensitive information may not be held confidential

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Participate in the Scoping Process

• Identify the significant issues/concerns to be
  analyzed
• Identify any data gaps and informational needs
• Identify alternatives to the proposed action
• Be specific and detailed in your written comments
  provide explanations

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Participate in Public Hearings Meetings

• Request reasonable accommodation of Tribal needs
• Printed material translated into your Native
  language
• Interpreters to translate verbal information
• Provide verbal and written comments
• Educate agencies on Tribal perspective
• Provide site specific information and examples
• TEK, subsistence areas, migratory patterns, etc.

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Take Agencies/Project Proponent on a Site Visit

• Provide a Tribal perspective of the ecosystem
  wherever the project could impact
• Explain traditional use areas
• Explain traditional way of life and potential
  project impacts to your culture
• Build relationships with agency and project
  proponent

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Maintain Early Frequent Contact with the Lead
Agency/Project Proponent

• Stay in touch with agency representatives and the
  project proponent
• Provide notification of changes in the Tribal
  Government
• Request meetings whenever necessary
• Request written meeting notes and the opportunity
  to review them
• Ask questions

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NEPA Resources and References

• A Citizens Guide to the NEPA CEQ
• NEPAnet http//www.NEPA.gov
• EPA Headquarters NEPA website
• http//www.epa.gov/compliance/nepa
• EPA Region 10 NEPA website
• http//yosemite.epa.gov/r10/ecocomm.nsf